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YOLO Indeed: 100 Hugs & a Kiss Do Not Amount to Sexual Harassment


Zetwick v. County of Yolo - United States District Court, Eastern District of California


Facts:  Victoria Zetwick was a former corrections officer in Yolo County's Sheriff's Department.  During the course of her 14 years there, she alleged that her employer violated Title VII of the 1964 Civil Rights Act and subjected her to sexual harassment after he gave her at least 100 hugs and a kiss.  Zetwick claimed that the Sheriff hugged her at least 100 times in "awkward, unsolicited, and unwelcome" encounters.  As for the kiss?  The Sheriff apparently gave her a kiss half on the corner of her lips and half on her cheek. Zetwick subsequently filed a Government Claim in February 2012 and the Sheriff apparently never hugged or kissed her again. 

Holding:  The District Court granted the defendants' motion for summary judgment on the grounds that Zetwick could not establish a valid sexual harassment claim.  In order to reach this conclusion, the Court pointed to the fact that this behavior was common in Zetwick's workplace.  Zetwick had acknowledged that she was not the only person subjected to the hugs.  Zetwick even admitted to hugging other deputies, corrections officers, and supervisors at her work.  

The Court further found that the Sheriff's hugs were not exclusively directed towards women, as the Sheriff also hugged male employees in the office.

As for the kiss?  The Court held that was not enough for a sexual harassment claim to succeed as the kiss was apparently in the presence of Zetwick's husband and was done to congratulate her on her recent marriage.

Judgment:  The District Court granted the defendants' motion for summary judgment and held that the complained of hugs and kiss by Zetwick were not enough for her to prevail on her sexual harassment claim as this conduct, taken as a whole, was commonplace in Zetwick's workplace.

The Takeaway:  Well that is certainly an interesting case.  Without a doubt, Yolo is the right name for this county.  I would not suggest that employers go out and engage in this same behavior.  I think this holding should be read rather narrowly and seen as more of a fact specific ruling.  I cannot think of a lot of courts that would find this type of behavior to be generally acceptable; I certainly would think that over 100 hugs and a kiss in the office (that are unsolicited) would certainly be sufficient grounds to allege a valid sexual harassment claim.  But I guess if this conduct happens at the Yolo County Sheriff's Office...it truly is Yolo...

Majority Opinion Judge:  Judge Nunley

Date:  November 5, 2014

Opinion:  http://scholar.google.com/scholar_case?case=15073000648396664751&hl=en&as_sdt=6&as_vis=1&oi=scholarr

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